In a gripping legal battle that highlights the perils of everyday shopping, a Florida resident has taken on a major retail giant over an alleged negligence incident. David Smith filed a complaint against Lowe's Home Centers, LLC, and an unknown store manager in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, on December 20, 2024.
The case revolves around an incident that occurred on April 12, 2024, when Smith visited a Lowe's store located at 2365 25th Street North in St. Petersburg. According to the complaint, while navigating through the lumber area of the store, Smith was unexpectedly injured by a protruding saw. The lawsuit claims that this accident resulted from Lowe's negligence in maintaining a safe environment for its customers. Smith argues that as a business invitee, he was owed "a duty to exercise reasonable care" by the defendants to ensure his safety within their premises.
Smith accuses Lowe's Home Centers of failing to uphold its responsibilities by allowing hazardous conditions to persist within the store. The complaint lists several alleged breaches of duty by Lowe's including not maintaining or adequately inspecting the premises for potential dangers like the protruding saw that injured him. The plaintiff further contends that these oversights were due to inadequate policies and procedures which failed to prevent such hazards from existing or being addressed promptly.
In addition to suing Lowe's Home Centers, Smith also names John Doe—an unidentified store manager—as a defendant. He asserts that this individual was directly responsible for executing company policies related to store management and maintenance at the time of his injury. By failing to maintain safe conditions and properly supervise employees, Smith alleges that John Doe is personally liable for his injuries.
David Smith seeks damages exceeding $50,000 exclusive of costs and interest for what he describes as permanent and severe bodily injuries resulting from the incident. He demands compensation for physical pain and suffering, mental anguish, medical expenses, loss of earnings and earning capacity among other losses he claims are either permanent or ongoing.
Representing David Smith is attorney Sarah K. Hibbard from Morgan & Morgan in Tampa. The case is filed under Case Number: 24-005605-CI with Ken Burke serving as Clerk of the Circuit Court in Pinellas County.